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2013 SESSION
13100474DBe it enacted by the General Assembly of Virginia:
1. That §§ 55-225.2, 55-248.26, and 55-248.40 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.2. Remedies for landlord's unlawful ouster, exclusion or diminution of service.
If a landlord unlawfully removes or excludes a tenant from residential
premises or willfully diminishes services to a residential tenant by
interrupting or causing the interruption of gas, water,
or other essential service to the tenant, the tenant may
obtain an order from a general district court to recover
possession and obtain an order
requiring,
require the resumption of any such interrupted utility
service, or terminate the rental
agreement and, in either any case, recover the actual
damages sustained by him and reasonable attorney's attorney fees. If the rental
agreement is terminated pursuant to this section, the landlord shall return all
security given by such tenant.
§ 55-248.26. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of service.
If the landlord unlawfully removes or excludes the tenant from
the premises or willfully diminishes services to the tenant by interrupting or
causing the interruption of gas, water, or
other essential service to the tenant, the tenant may
obtain an order from a general district court to recover possession, require the
resumption of any such interrupted utility service,
or terminate the rental agreement and, in
either any
case, recover the actual damages sustained by him and a reasonable attorney's attorney
fee. If the rental agreement is terminated the landlord shall return all of the
security deposit in accordance with § 55-248.15:1.
§ 55-248.40. Actions to enforce chapter.
Any In addition to any other remedies in this chapter, any person
adversely affected by an act or omission prohibited under this chapter may
institute an action for injunction and damages against the person responsible
for such act or omission in the circuit court in the county or city in which
such act or omission occurred. If the court finds that the defendant was
responsible for such act or omission, it shall enjoin the defendant from
continuance of such practice, and in its discretion award the plaintiff damages
as herein provided.